Madhya Pradesh High Court
Mahendra Adiwasi vs The State Of Madhya Pradesh on 23 October, 2021
Author: Sushrut Arvind Dharmadhikari
Bench: Sushrut Arvind Dharmadhikari
1
HIGH COURT OF MADHYA PRADESH,
BENCH AT GWALIOR
MCRC-49634-2021
(Mahendra Adiwasi Vs. State of M.P.)
Gwalior, Dated : 23/10/2021
Shri Indar Ashthana, learned counsel for the applicant.
Shri Lokendra Shrivastava, learned Public Prosecutor for the
respondent/State.
Case Diary is perused.
Learned counsel for the rival parties are heard. The applicant has filed this second application u/S. 439 Cr.P.C. for grant of bail. The first application was dismissed as withdrawn vide order dated 07/09/2021 passed in MCRC No.44064/2021.
The applicant has been arrested on 31/07/2021 by Police Station- Mayapur, District- Shivpuri (M.P.) in connection with Crime No.191/2021 registered in relation to the offence punishable under Section 379 of the IPC.
Allegation against the applicant, in short, is that the applicant committed theft of motorcycle of the complainant. On the basis of aforesaid, crime has been registered.
Learned counsel for the applicant submits that the applicant is a youth of 25 years of age who has no criminal past alleged against him and he has been falsely implicated in this case. He is not concerned with the case directly or indirectly. It is also submitted that charge-sheet has been filed, therefore, further custodial interrogation is not required in the matter. Applicant is in custody since 31/07/2021 and he is a permanent resident of District- Ashoknagar (M.P.). There 2 HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR MCRC-49634-2021 (Mahendra Adiwasi Vs. State of M.P.) is no likelihood of his absconsion or tampering with the prosecution evidence. He is ready to abide by all the terms and conditions as may be imposed by this Court. With the aforesaid submissions, prayer for grant of bail is made.
Learned Public Prosecutor appearing for the State opposed the application and prayed for its rejection by contending that on the basis of the allegations and the material available on record, no case for grant of bail is made out.
However, it would not be desirable to enter into the merits of the rival contentions at this juncture.
Considering the overall facts and circumstances of the case coupled with the fact that trial is not likely to conclude in near future and prolonged pre-trial detention being an anathema to the concept of liberty, this Court is inclined to extend the benefit of bail to the applicant.
Accordingly, without expressing any opinion on merits of the case, this application is allowed and it is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety of the like amount to the satisfaction of the trial Court for his appearance on the dates given by the concerned Court. The applicant shall also furnish a written undertaking before the concerned Court that he will abide by all the terms and conditions of various circulars, 3 HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR MCRC-49634-2021 (Mahendra Adiwasi Vs. State of M.P.) as well as, orders issued by the Central Government, State Government and local administration from time to time such as maintaining social distancing, physical distancing, hygiene etc. to avoid proliferation of Corona virus.
This order will remain operative subject to compliance of the following conditions by the applicant:-
1. The applicant will comply with all the terms and conditions of the bond executed by him;
2. The applicant will cooperate in the investigation/trial, as the case may be;
3. The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to the Police Officer, as the case may be;
4. The applicant will not seek unnecessary adjournments during the trial; and
5. The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.
6. The applicant shall not commit any other offence during pendency of the trial, failing 4 HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR MCRC-49634-2021 (Mahendra Adiwasi Vs. State of M.P.) which this bail order shall stand cancelled automatically without further reference to the Bench.
A copy of this order be sent to the Court concerned for compliance.
Certified copy/e-copy as per rules/directions.
(S.A. Dharmadhikari) Judge rahul Digitally signed by RAHUL SINGH PARIHAR DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya Pradesh, 2.5.4.20=eac942476567cd1b39b3da46068403462fdf82ab676d0cde4 dee473fe77953f5, pseudonym=68E0B84BAE73376CD071289B3D9FE728CE00D487, serialNumber=0275C4F803F94C47998BE5C534E21BDED910FD4AB9 D159B55575E814D05B2EED, cn=RAHUL SINGH PARIHAR Date: 2021.10.23 18:30:36 -07'00'